Intellectual property protections are imperative to maintain an equitable and thriving marketplace of ideas, wherein individuals and businesses alike are properly accredited with their unique works, innovations, and creative endeavors. It can be challenging, however, to identify the appropriate classification of a particular type of intellectual property. Whether your IP requires a copyright, patent, or trademark, Miller Shah LLP has the legal expertise to ensure that your ideas are appropriately safeguarded. In this blog post, we explore the basic principles that are critical to guarantee the security of your original IP.
What is copyright protection?
A copyright is the most basic of IP protections and is a collection of rights that are automatically established upon the creation of some tangible form of original work; photographs, audio recordings, and nearly all other forms of artistic expression are granted a litany of guarantees under copyright law. The owner of a copyrighted work is permitted to reproduce, distribute, perform, display, and make derivatives of the entity in question.
Furthermore, these rights are transferable to other individuals or collectives through the use of licensing and assigning. While copyright protection is established immediately upon the creation of an original work, there remains tangible benefit to formally registering your work with the U.S. Copyright Office. Registration grants a copyright owner leverage in a court of law by further legitimizing their claim to protective rights. Such leverage works twofold; owners can file lawsuits to protect against infringement on their ideas and are protected against any claims of infringement that might be levied against them.
What is trademark protection?
Trademark protection, much like copyright, is automatically conveyed upon the creation of an original IP. Trademarks, however, are employed to protect words, phrases, symbols or designs that establish the uniqueness of goods or services provided by a specific party. A logo, for instance, would be protected by trademark law to ensure that other brands cannot claim the past work of the protected group. Trademarks, therefore, primarily serve as safeguards for brand reputation and recognition that are commonly associated with certain ideas.
There does exist a space of overlap between copyright and trademark protection; if a brand utilizes an original work of graphic design as their logo, for example, the logo would be doubly protected both as an artistic work and as a brand's logo. Much like copyright, trademark protection does not necessarily demand owner registration, but there are benefits to formally establishing a trademark with the U.S. Patent and Trademark Office.
What is patent protection?
Patent protection, unlike copyright and trademark, requires formal registration with the U.S. Patent and Trademark Office vis a vis an arduous process that requires the guidance and assistance of an attorney. Patent protection covers inventions and physical innovations; unlike copyrights and trademarks, patents apply primarily to processes and machines, as well as improvements to those very same developments. Patent protection aims to encourage innovation in the marketplace of ideas by eliminating the development of copycats and commercializing existing inventions for widespread public consumption.
While the establishment of patent protection does not explicitly grant the owner of the patent the right to make, use, or sell the invention in question, it serves to prevent others from doing so. Therefore, the owner is protected against development by others.
Why does this distinction matter?
Understanding the differences between types of intellectual property protections and how to properly categorize your own IP is critical to protecting against potential infringement. An invention that requires patent protection, for instance, cannot simply be automatically safeguarded in the same manner as a sculpture protected, at least somewhat, by copyright upon creation.
Each case of intellectual property requires a specific protective solution. Understanding which solutions ought to be applied to your unique IP can help you make the right decisions regarding registration and seeking counsel. For example, applying for patent protection for creative intellectual property would be a waste of time, energy, and capital – understanding what protection your IP needs can help to smooth out this process.
How can Miller Shah help?
Miller Shah has the requisite legal expertise to guide you through the often-complicated process of securing protection for your intellectual property. Certain types of IP do not necessarily require formal registration. This does not mean, however, that such action is not beneficial – seeking legal counsel can ensure that your copyrighted or trademarked material is formally codified as such and can lessen the potential for infringement on your intellectual property.
While the process of seeking legal help may seem daunting, Miller Shah can provide uniquely comprehensive and tailored guidance to meet client needs where they are and help eliminate the possibility of costly intellectual property infringement or theft in the future. If you are a creator, business representative, or any other individual seeking legal protection for any sort of intellectual property or content, contact Miller Shah LLP today to schedule a consultation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
